A/HRC/10/44/Add.4/Corr.1
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The CPT has been closely monitoring the imprisonment and health conditions of convict Öcalan.
CPT reports on the detention conditions are all published with the consent of the Turkish
Government.
The European Court of Human Rights, in its judgment on 12 May 2005, has already declared the
imprisonment conditions of Öcalan to be in conformity with the requirements of the European
Convention on Human Rights and international law. The Grand Chamber of the Court has
concurred with the fact that Öcalan’s “detention poses exceptional difficulties for the Turkish
authorities” and that “it is understandable that the Turkish authorities should have found it
necessary to take extraordinary security measures to detain Öcalan”. The Court further decided
that “Öcalan cannot be regarded as being kept in sensory isolation or cellular confinement”.
Öcalan enjoys the basic rights accorded to all inmates in high security closed prisons in Turkey.
These include access to means of redress, health and psycho-social services, outdoor privileges,
as well as books, newspapers, periodicals and radio. Receiving visits, consulting with legal
representatives, establishing communication with the outside world through letter and telegram
is also available.
As to consultations with his representatives, between 11 March 1999 and 11 June 2008, Öcalan
received 326 visits from a total of 1055 visitors. Out of 326 visits, 324 were by his legal
representatives including foreign lawyers, amounting to 1041 visitors. The remaining 14 visitors
were 8 officials, visiting him twice and 6 interpreters who were accompanying foreign lawyers.
Moreover, the convict met his sisters and brother 135 times at 108 visits between 2 April 1999
and 30 April 2008.
International law, guidelines and practices regarding the execution of penal sentences show that
it is suitable and common to detain dangerous criminals in high security institutions. In countries
such as Germany, France, Italy, the United Kingdom, the Netherlands, Belgium, Norway,
Sweden, Denmark Switzerland, Spain, Portugal and Austria to name a few, dangerous criminals
are also detained alone in maximum security cells, where extraordinary security measures are
applied.
According to Recommendation R(82)17 and its explanatory memorandum concerning dangerous
criminals adopted by the Committee of Ministers of the Council of Europe, activities of such
prisoners can be restricted for the security of the prison and they can be detained in single rooms
separated from the prison community.
Articles 67, 68 and 69 of the United Nations Standard Minimum Rules for the Treatment of
Prisoners provide that some convicts by reason of their criminal records or bad character may be
separated from other convicts and this can be done within the same institution or in separate
institutions.
In light of the foregoing, the allegation that Öcalan is kept in isolation remains baseless.”
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